Lee Mazur Hays, Petitioner-appellant, v. Joe Klauser, Warden, the Idaho State Correctionalinstitution, Respondent-appellee, 141 F.3d 1176 (9th Cir. 1998)

MEMORANDUM^* 

Idaho state prisoner Lee Mazur Hays appeals pro se the district court's summary judgment for defendant Klauser in Hays's 42 U.S.C. § 1983 action.¹  Hays alleged that Klauser violated his due process rights by denying his requests to call a specific witness and to produce medical records at his disciplinary hearing for possession of expired and nonprescription medication. The district court concluded that, among other things, Hays's § 1983 action was barred by res judicata because Hays had unsuccessfully litigated the identical claim in a prior state habeas corpus petition. We have jurisdiction pursuant to 28 U.S.C. § 1291.

Upon our independent review, see Palomar Mobilehome Park Ass'n v. City of San Marcos, 989 F.2d 362, 363 (9th Cir. 1993), we affirm the district court's summary judgment because we conclude that Hays received a full and fair opportunity in state court to litigate the instant claim under federal standards, see Silverton v. Department of Treasury, 644 F.2d 1341, 1346-47 (9th Cir. 1981). Accordingly, Hays's § 1983 action is barred by res judicata. See Palomar Mobilehome Park Ass'n, 989 F.2d at 364-65; see also Walters v. Industrial Indem. Co. of Idaho, 949 P.2d 223, 225 (Idaho 1997) (stating that res judicata extinguishes all claims arising from the same transaction or series of transactions that was or could have been litigated in a prior proceeding).

AFFIRMED.